If I am 4 months pregnant, can I file for divorce?

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If I am 4 months pregnant, can I file for divorce?

I just found out my husband has been into things that I have only suspected for some time now. I don’t want to wait any longer I just want to end things peacefully. I want us to get along for the sake of our kids but I just can’t get past my distrust for him.

Asked on August 4, 2011 Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and especially for the children and your present condition.  It should be a very happy time in your life an not one of worry and disappointment.  Your being pregnant has nothing at all to do with your right to file for divorce.  The only thing that it will effect is the custody, visitation and support which will change from the number o children you have now.  It will increase.  Do you have an idea about what you want to do here?  are you going to ask him to leave?  You need to seek legal help with all of this.  you are going to need a temporary order of support and visitation for the other kids and you do not want to get legally divorced if you are covered under his insurance at this point in time for the birth.  Good luck.


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